Criminal Convictions and Immigration

Yale Law Group on Thursday, February 27, 2014.

Each year, thousands of immigrants, many of whom are long-time permanent residents, are placed in removal proceedings because of their criminal convictions. These convictions may have been minor offenses and many may have been committed many years ago. There is no statute of limitations in removal proceedings.

Many of these criminal offenses are classified as "aggravated felonies" although they are neither "aggravated" nor are they "felonies". Others are classified as "crimes of moral turpitude". However, immigration consequences of criminal conduct, whether or not there is a conviction, may be deportation.

While a conviction may be expunged for many purposes, expunctions do not wipe your record clean for immigration purposes. Conduct which does not count as a conviction for criminal purposes may still be considered a conviction for immigration purposes.

Fighting pending criminal allegations is critical for immigration purposes. Naturalizing and becoming United States citizens when eligible is also critical since we do not know what will happened tomorrow in our lives.

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